The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1993

Regulation 2

SCHEDULE Amendments consequential on the introduction of council tax and council tax benefit

1.—(1) The Income Support Regulations, the Family Credit Regulations and the Disability Working Allowance Regulations shall be further amended in accordance with the following provisions of this Schedule.

(2) In this Schedule, Part I contains amendments to the Income Support Regulations, Part II amendments to the Family Credit Regulations and Part III amendments to the Disability Working Allowance Regulations.

PART I AMENDMENTS TO THE INCOME SUPPORT REGULATIONS

Amendment of regulation 42

2.  In regulation 42(4)(a)(ii) (notional income)(1) for the words “personal community charge, collective community charge contribution” there shall be substituted the words “council tax”.

Amendment of regulation 51

3.  In regulation 51(3)(a)(ii) (notional capital)(1) for the words “personal community charge, collective community charge contribution” there shall be substituted the words “council tax”.

Amendment of regulation 51A

4.  In regulation 51A(3) (diminishing notional capital rule)(2) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) the amount of council tax benefit (if any) equal to the difference between his maximum council tax benefit and the amount (if any) of council tax benefit which he is awarded in respect of the benefit week which includes the last day of the relevant week, and for this purpose “benefit week” has the same meaning as in regulation 2(1) of the Council Tax Benefit (General) Regulations 1992(3) (interpretation).”.

Amendment of Schedule 9

5.—(1) Schedule 9 (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph 15(2)(4) for the words “personal community charge, collective community charge contribution” there shall be substituted the words “council tax”.

(3) Paragraph 44(5) shall be omitted.

(4) In paragraph 46(6) there shall be added at the end the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(7) (reduction of liability for council tax).”.

(5) At the end of the Schedule(8) there shall be added the following paragraph—

“52.   Any council tax benefit.”.

Amendment of Schedule 10

6.—(1) Schedule 10 (capital to be disregarded) shall be amended in accordance with the following provisions of this paragraph.

(2) Paragraph 35(9) shall be omitted.

(3) In paragraph 36(10) after the words “(reduction of liability for personal community charge)” there shall be inserted the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(11) (reduction of liability for council tax),”.

PART II AMENDMENTS TO THE FAMILY CREDIT REGULATIONS

Amendment of regulation 26

7.  In regulation 26(3)(a) (notional income)(12)—

(a) for the words “charge or” there shall be substituted the word “charge,”;

(b) after the word “contribution” there shall be inserted the words “or council tax”.

Amendment of regulation 34

8.  In regulation 34(3)(a) (notional capital)(12)—

(a) for the words “charge or” there shall be substituted the word “charge,”;

(b) after the word “contribution” there shall be inserted the words “or council tax”.

Amendment of regulation 34A

9.—(1) Regulation 34A (diminishing notional capital rule)(13) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph (3)—

(a) in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;

(b) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992(14) (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the date of the last claim for family credit falls, the amount (if any) which is equal to—

(i) in a case where no council tax benefit is payable, the amount to which he would have been entitled, or

(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.

(3) In paragraph (4)—

(a) in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;

(b) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to—

(i) in a case where no council tax benefit is payable, the amount to which he would have been entitled, or

(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.

(4) In paragraph (8)(a)—

(a) for the words “(3)(b) and (c) and (4)(b) and (c)” there shall be substituted the words “(3)(b), (c) and (d) and (4)(b), (c) and (d)”;

(b) for the words “1987 (interpretation) or” there shall be substituted the words “1987 (interpretation),”;

(c) after the words “1989 (interpretation)” there shall be inserted the words “or regulation 2(1) of the Council Tax Benefit (General) Regulations 1992(15) (interpretation)”.

Amendment of Schedule 2

10.—(1) Schedule 2 (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph 13(2)(16)—

(a) for the words “charge or” there shall be substituted the word “charge,”;

(b) after the word “contribution” there shall be inserted the words “or council tax”.

(3) Paragraph 39(17) shall be omitted.

(4) In paragraph 42(18) there shall be added at the end the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(19) (reduction of liability for council tax).”.

Amendment of Schedule 3

11.—(1) Schedule 3 (capital to be disregarded) shall be amended in accordance with the following provisions of this paragraph.

(2) Paragraph 37(20) shall be omitted.

(3) In paragraph 38(21) after the words “(reduction of liability for personal community charge)” there shall be inserted the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax),”.

PART III AMENDMENTS TO THE DISABILITY WORKING ALLOWANCE REGULATIONS

Amendment of regulation 7

12.—(1) Regulation 7 (income-related benefits)(22) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph (c) the word “or” shall be omitted.

(3) After paragraph (c) there shall be inserted the following paragraph—

“(ca) in the case of council tax benefit, in accordance with paragraphs 11 or 12, and 13 of Part III of Schedule 1 to the Council Tax Benefit (General) Regulations 1992(23) or”.

(4) In sub-paragraph (d) for the words “(a) to (c)” there shall be substituted the words “(a) to (ca)”.

Amendment of regulation 21

13.  In regulation 21 (earnings of employed earners) in paragraph (1)(i) after the words “Community Charge” there shall be inserted the words “or council tax”.

Amendment of regulation 29

14.  In regulation 29(3)(a)(22) (notional income)—

(a) for the words “charge or” there shall be substituted the word “charge;”;

(b) after the word “contribution” there shall be inserted the words “or council tax”.

Amendment of regulation 37

15.  In regulation 37(3)(22) (notional capital)—

(a) for the words “charge or” there shall be substituted the word “charge;”;

(b) after the word “contribution” there shall be inserted the words “or council tax”.

Amendment of regulation 38

16.—(1) Regulation 38 (diminishing notional capital rule) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph (3)—

(a) in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;

(b) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the date of the last claim for disability working allowance falls, the amount (if any) which is equal to—

(i) in a case where no council tax benefit is payable, the amount to which he would have been entitled, or

(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.

(3) In paragraph (4)—

(a) in sub-paragraph (c)(ii) for the word “entitled.” there shall be substituted the words “entitled; and”;

(b) after sub-paragraph (c) there shall be added the following sub-paragraph—

“(d) if the claimant would, but for regulation 34(1) of the Council Tax Benefit (General) Regulations 1992 (notional capital), have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to—

(i) in a case where no council tax benefit is payable, the amount to which he would have been entitled, or

(ii) in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled.”.

(4) In paragraph (8)(a)—

(a) for the words “(3)(b) and (c) and (4)(b) and (c)” there shall be substituted the words “(3)(b), (c) and (d) and (4)(b), (c) and (d)”;

(b) for the words “1987 (interpretation) or” there shall be substituted the words “1987 (interpretation),”;

(c) after the words “1989 (interpretation)” there shall be inserted the words “or regulation 2(1) of the Council Tax Benefit (General) Regulations 1992(24) (interpretation)”.

Amendment of Schedule 3

17.—(1) Schedule 3 (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this paragraph.

(2) In paragraph 12(2)—

(a) for the words “charge or” there shall be substituted the word “charge,”;

(b) after the word “contribution” there shall be inserted the words “or council tax”.

(3) In paragraph 40 there shall be added at the end the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992(25) (reduction of liability for council tax).”.

Amendment of Schedule 4

18.  In paragraph 37 of Schedule 4 (capital to be disregarded) after the words “(reduction of liability for personal community charge)” there shall be inserted the words “or reduction of council tax under section 13 or, as the case may be, section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax),”.

(1)

Relevant amending instruments are S.I. 1988/1445, 1989/534, 1990/127, 1991/1175, 1991/1559 and 1992/1101.

(2)

Regulation 51A was inserted by S.I. 1990/1776.

(3)

S.I. 1992/1814.

(4)

Relevant amending instruments are S.I. 1990/547 and 1991/1559.

(5)

Paragraph 44 was added by S.I. 1988/2022.

(6)

Paragraph 46 was added by S.I. 1990/547.

(7)

1992 c. 14.

(8)

Paragraph 51 was added by S.I. 1992/468.

(9)

Paragraph 35 was added by S.I. 1988/2022.

(10)

Paragraph 36 was added by S.I. 1990/547.

(11)

1992 c. 14.

(12)

Relevant amending instruments are S.I. 1988/660, 1988/999, 1988/1438, 1988/1970, 1990/127, 1991/1175, 1991/1520 and 1992/1101.

(13)

Regulation 34A was inserted by S.I. 1990/1774. Relevant amending instrument is S.I. 1991/1520.

(14)

S.I. 1992/1814.

(15)

S.I. 1992/1814.

(16)

Relevant amending instruments are S.I. 1990/574 and 1991/1520.

(17)

Paragraph 39 was added by S.I. 1988/1970.

(18)

Paragraph 42 was added by S.I. 1990/574.

(19)

1992 c. 14.

(20)

Paragraph 37 was added by S.I. 1988/1970.

(21)

Paragraph 38 was added by S.I. 1990/574.

(22)

Relevant amending instrument is S.I. 1992/2155.

(23)

S.I. 1992/1814.

(24)

S.I. 1992/1814.

(25)

1992 c. 14.